Tag Archives: absolute privilege

False complaints to the Police: the witness immunity rule

In Crawford v Jenkins [2014] EWCA Civ 1035, the Claimant had sued the Defendant in false imprisonment and harassment on the basis of allegedly malicious statements made to the Police which had resulted in his arrest and detention.  The course of conduct said to amount to harassment consisted of two text messages sent to him by the Defendant which complained of his actions, and the Defendant’s subsequent statements to the Police.  At first instance, Her Honour Judge Baucher ruled that the Defendant was immune from suit (both in false imprisonment and harassment) owing to the ‘witness immunity’ rule in Westcott v Westcott [2008] EWCA Civ 818.  Having disregarded the statements to the Police, the Judge struck out the remainder of the harassment claim (the two text messages) on the basis that the conduct was reasonable.  The Claimant appealed.

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False complaints to the police do not amount to defamation

Following on from last months article Defamation and the employers reference: a warning to claimants, we now look at another common scenario which can give rise to misconceived defamation claims “ the complaint to the police.

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